Hung Jury in Texas — What Happens Next
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When jury "hangs"
Texas verdict requirements:
- Criminal cases. Unanimous verdict required (12-0 felony, 6-0 misdemeanor)
- Civil cases. 5 of 6 typically; 10 of 12 in some cases
- Hung jury. Cannot reach required verdict after deliberation
- Reasonable time given. Judge determines
- "Allen charge" sometimes given. Encouraging further deliberation
- Final deadlock declared. When no progress
Mistrial declared
- Court declares mistrial. When hung jury
- Jury discharged
- No verdict reached
- Not equivalent to acquittal
- No double jeopardy bar to retrial. Generally
- Case status returns to pre-trial
- Prosecution can re-prosecute
Retrial possibilities
- Prosecution decides whether to retry. Discretion
- Plea negotiations often resume. Different posture
- Settlement sometimes follows
- New trial scheduled if retrial
- New jury selected
- Same charges typically
- Time limits apply. Speedy trial considerations
- Statute of limitations continues
- Eventually case must be resolved
Why hung juries occur
- Genuine disagreement on facts. Different jurors interpret evidence differently
- Some jurors don't trust witnesses
- Some jurors don't believe evidence sufficient
- Reasonable doubt threshold disagreement
- Compromise verdicts impossible
- Single juror holdouts. Strong views preventing unanimity
- Complex evidence producing confusion
- Nullification. Juror believes law wrong (rare)
- Multiple counts producing partial verdicts
Strategic implications
For prosecutors:
- Evaluate strength of case
- Consider whether retrial likely produces different result
- Plea negotiations more flexible
- Cost of retrial considerations
- Witness availability for retrial
- Sometimes drop charges
For defendants:
- Hung jury isn't acquittal — case continues
- Plea negotiations may produce better outcome
- Retrial possibility
- Sometimes strategic to wait
- Sometimes urgent to push for resolution
- Witness availability changes
Famous Texas hung jury cases
- Jodi Arias. Federal but received Texas attention; multiple proceedings
- Bill Cosby. First trial hung jury; second produced conviction
- OJ Simpson. Civil trial after criminal acquittal showed how different juries can reach different verdicts on same facts
- Multiple Texas death penalty cases. Sometimes hung on punishment phase
- Numerous Texas commercial cases. Complex evidence producing hung juries
- Family violence cases. Sometimes hung when victims recant
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What's a hung jury?
Jury that cannot reach required verdict — unanimous in criminal cases (12-0 felony, 6-0 misdemeanor), 5/6 in most civil cases. Results in mistrial declared by court. Not equivalent to acquittal; case can be retried.
What happens after a hung jury in Texas?
Mistrial declared, jury discharged. Case status returns to pre-trial. Prosecution decides whether to retry (discretion). Plea negotiations often resume with different leverage. Eventually case must be resolved.
Can Texas prosecutor retry hung jury case?
Yes — generally no double jeopardy bar to retrial after hung jury. Discretion of prosecution. Sometimes retried with new jury; sometimes plea agreement reached; sometimes charges dropped based on case strength assessment.
How many votes for hung jury in Texas?
Criminal: 1-11 prevents unanimous verdict and produces hung jury. Civil: typically need 5 of 6 (one juror disagreement doesn't prevent verdict). Any deadlock preventing required vote produces hung jury after sufficient deliberation.
Is hung jury good for defendant?
Better than conviction but not as good as acquittal. Prosecution can retry. Sometimes leads to better plea offer. Sometimes case eventually dropped. Strategic value varies — depends on case facts, witness availability, prosecution strength.
References & Statutes
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